Terms and Conditions

WELCOME TO TVG!
This agreement describes the terms and conditions applicable to the use of the account wagering services provided by TVG and our affiliated companies. The use of our wagering system will be taken as your acceptance of all of these terms, conditions, and disclosures contained herein.

SUBSCRIPTION ELIGIBILITY
To establish or maintain a wagering account, you must be:

Be at least 21 years of age;

Be a United States citizen or resident alien; and

Be a resident of a state where wagering services are available.

Certify that the application information you provide is accurate. False statements made in regard to an application may subject the applicant to prosecution.

WAGER REWARDS*
When you sign up for a TVG wagering account you may enroll in our TVG Rewards Program (the “Rewards Program”) by checking the Opt-In box. You may also enroll at any other point by clicking on the Wager Rewards link at tvg.com. Membership in the Rewards Program is subject to the Member’s continued status as a holder in good standing of a TVG wagering account and compliance in all respects to these Terms and Conditions as well as all of the Terms and Conditions applicable to Member’s Rewards Program. To opt-out of participation in the Rewards Program simply call TVG Customer Relations at 1-888-PLAY-TVG (752-9884).

*Arizona customers may utilize TVG’s web sites to sign up and manage their accounts, access race and account data, and process deposits and withdrawals, etc. However, wagering is restricted to automated telephone (IVR) and phone applications.

For your protection and privacy, a wagering account can only be accessed by the registered account holder with a valid account number and Personal Identification Number (PIN).

For your benefit, wagers placed through TVG wagering systems are sent into combined (commingled) pools at the host racetrack and are subject to all host racetrack rules and restrictions. From time to time TVG may operate separate wagering pools from the host racetrack when pools cannot be commingled. Separate pools will be subject to rules and regulations of the applicable jurisdictional authority.

All wagers are considered final when a confirmation is received from our totalizator service provider and your wager is commingled with the host pool. If for some reason we are unable to commingle your wager with the host pool, your wager will be refunded to your account.

We reserve the right to refuse any wagering transaction for any reason.

Proceeds from successful wagers will be deposited into your account as soon as each race is posted official and winning payouts are available from the host racetrack.

We reserve the right, at our sole discretion, to terminate an account at any time and for any reason. In the event an account is terminated, we shall return to you the balance of any funds in your account at the time of termination. If the balance of funds in your account at the time of termination is less than $2.00, we will retain the balance as an account termination fee. If your account is inactive for 6 consecutive months, a $1.75 per month account maintenance fee may be assessed until the balance reaches zero and the account is terminated.

We reserve the right, at our sole discretion, to refer any dishonored financial instruments to collection agencies, check registries and credit reporting agencies and to collect any fees or charges incurred due to dishonored financial instruments and expenses, incurred as a result of our collection efforts, from the responsible accountholder.

You authorize us to obtain, at our discretion, credit bureau reports in connection with your request for an account. If an account is opened, we may obtain, at our discretion, credit bureau reports in connection with the review of your account.

WAGERING TRANSACTION CANCELLATIONS*
As a TVG subscriber you may request to cancel wagering transactions on any race, with the exception of pools where cancellation is prohibited by the racetrack (Future Pools) or prohibited by the racetrack’s state jurisdictional authority. You may request to cancel up to twenty wagering transactions in any one day and up to two hundred wagering transactions in any calendar month (but not more than twenty in any one day) up to a maximum aggregate wagering transaction amount of $5,000 in a day and of $25,000 during that calendar month. Once the daily or monthly limits have been met, cancellations will no longer be allowed during the remainder of the day or calendar month. Wagering transaction cancellations may be made as follows:

Online wagering transaction cancellations - A wagering transaction in the amount of $1,000* or less may be cancelled online at TVG.com.
Wagering transaction cancellations through TVG’s Customer Relations Department - A wagering transaction in the amount of $1,000* or less may be cancelled upon your request and TVG’s verification that you have not reached your daily limit of $5,000 or monthly limit of $25,000 and/or daily and monthly limits of twenty wagering transactions per day or two hundred wagering transactions per month by calling 1-888-PLAY TVG (752-9884). Wagering transaction cancellation requests in the amount of more than $1,000* for a wagering transaction may be made by calling 1-888-PLAY TVG (752-9884) and must be approved by a TVG Customer Relations Supervisor after investigating the wager transaction cancellation request and verifying that you have not reached your daily limit of $5,000 or monthly limit of $25,000 and/or daily or monthly limits of twenty wagering transactions per day or two hundred wagering transactions per month. Accountholders requesting cancellations through the TVG Customer Relations Department must remain on the line until the wagering transaction cancellation is finalized. You will be notified of the completed cancellation or the reason the wagering transaction could not be cancelled.

Important Wager Cancellation Restrictions

TVG may refuse to accept a wager transaction cancellation request for any reason.
TVG may refuse to permit any accountholder the privilege of requesting or processing wagering cancellation requests for any reason.
Wagering transactions may be cancelled until wagering is closed by the racetrack totalizator company for the racetrack hosting the live race on which the wagering transaction was made.
Wagering transaction cancellations made by calling customer relations staff will be processed in the order received. TVG does not guarantee cancellation of a wager.
Wagering transaction cancellations per subscriber account, whether made online or by customer relations staff, are limited to up to twenty wagering transactions in any one day and up to two hundred wagering transactions in any calendar month (but not more than twenty in any one day). No account holder may cancel wagering transactions over a maximum aggregate wagering transaction amount of $5,000 per day or $25,000 during a calendar month.
Wagering transaction cancellations will not be provided via the IVR or Mobile.

*AZ Residents Only – WIN wagers on Arizona tracks up to $99 and on other tracks up to $299 can be cancelled through TVG.com, mobile phone applications or through TVG’s Customer Relations Department. All other wagers are subject to TVG’s Cancellation Policy and Restrictions listed above.

*New York Residents Only – Online wagering transaction cancellations are limited to $500 in Win, Place or Show Pools on any betting entry and $50 for any one combination in multiple, exotic or super-exotic pools. Wagering transaction cancellation requests for amounts over $500 on Win, Place or Show pools on any betting entry and over $50 on any one combination in multiple, exotic or super-exotic pools may be requested by calling TVG’s customer relations center. Cancellations that, in the opinion of TVG management, may cause substantial altering of odds, prices or betting totals will be denied.

*VA Residents Only --Wagering transaction cancellations are limited to $250 online at TVG.com. All wagering transaction cancellation requests over $250 must be reviewed and approved by a TVG customer relations supervisor and will be reported to the VA Racing Commission.

TAX WITHHOLDING
By law, any wager which results in proceeds of $600.00 or more must be reported to the Internal Revenue Service (IRS), if the amount of such proceeds is at least 300 times as large as the amount wagered. Any wager, which results in proceeds of more than $5,000.00, is subject to reporting and withholding, if the amount of such proceeds is at least 300 times as large as the amount wagered. If you are subject to IRS reporting and/or withholding requirements, we will send you Form W2-G summarizing information for tax purposes following the winning wager, less any applicable withholding, being deposited into your account. Upon written request, we will provide you with summarized tax information on your wagering activities.

*Arizona Residents Only: By law, any wager, which results in proceeds of more than $5,000.00, is subject to state withholding tax of 5%, if the amount of such proceeds is at least 300 times as large as the amount wagered.

*Illinois Residents Only: By law, any wager, which results in proceeds of more than $5,000.00, is subject to state withholding tax of 3.75%, if the amount of such proceeds is at least 300 times as large as the amount wagered.

*Massachusetts Residents Only: By law, any wager that results in proceeds of $600.00 or more are subject to State Withholding Tax of 5%.

WAGERING ACCOUNT BALANCE, DEPOSIT, AND WITHDRAWAL PROCEDURES
Account deposits will be made available for customer use in accordance with normal financial industry availability standards. Deposits may be subject to deposit fee charges. Withdrawal requests will be processed within five business days after receipt. The availability of withdrawn funds is subject to standard banking restrictions.

Your account balance bears no interest.

You can check account balances through our various wagering platforms, our affiliate sites or by calling our Customer Relationship Representatives at 1-888 PLAY TVG (752-9884).

DISCLOSURES AND POLICIES
Please note: Your wagering account is for your personal use and is non-transferable. We reserve the right to void any wagering transaction if there is reason to believe that someone other than you deposited funds in or placed a wager from your account. By law, you must immediately notify us of a change in your state of residency by calling 1-888 PLAY TVG (752-9884). If you move to a state where wagering services are not available, we are required to terminate the account and return to you all remaining funds. We reserve the right to terminate an account at any time and for any reason.

For your information, the data we (or any of our suppliers, including Equibase Company LLC) provide or compile generally is accurate, but occasionally errors and omissions occur as a result of incorrect data received from others, mistakes in processing and other causes. Accordingly, we along with our data providers and suppliers, including Equibase Company LLC, disclaim responsibility for the consequences, if any, of such errors and omissions, but would appreciate notification of any errors.

TVG will report any activities that we reasonably believe constitute fraud or theft to the appropriate law enforcement authorities and may prosecute such activities to the full extent of the law. To the extent permitted by law, TVG will retain the proceeds resulting from such fraudulent activity or theft and use those funds to pay for damages and losses resulting from such fraudulent activity or theft.

PATENT NOTICE
Products and services offered by TVG, including the TVG.com website, are covered under one or more of the following United States patents: 6,554,709; 6,554,708; 6,089,981; 6,004,211; 5,830,068 to ODS Technologies, L.P. and/or its subsidiaries.

LIABILITY LIMIT
Except where provided otherwise by the regulatory authority, in no event will TVG, our Affiliate or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our services (however arising, including negligence). Our liability, and the liability of our Affiliates and suppliers, to you and any third parties in any circumstance is limited to the greater of (A) the total amount of wagers made by you through your account in the month prior to the action giving rise to liability, and (B) $100. Some states may not allow this limitation of liability, so the foregoing limitation may not apply to you.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless TVG, its suppliers, distributors, contractors, subcontractors and its affiliates and related entities and their respective directors, officers, employees and agents, from and against all claims, losses, damages, liabilities and costs (included but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Procedures, Terms and Conditions. The foregoing indemnification obligation shall survive termination of these Procedures, Terms and Conditions and your purchase of any product or service provided to you by TVG, its suppliers, distributors, contractors, subcontractors and its affiliates.

ARBITRATION*
Any claim alleging that a non-payment has occurred will be resolved under the rules issued by the Oregon Racing Commission. All other controversies or claims arising out of or relating to our services (including but not limited to our account wagering services) will be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and may not be consolidated in any arbitration with any claim or controversy or any other party. The arbitration will be conducted in Beaverton, Oregon and judgment on the arbitration award may be entered into any court having jurisdiction over the losing party. Any party to the arbitration may seek any interim or preliminary relief from a court of competent jurisdiction in Beaverton, Oregon necessary to protect the rights or property of such party pending the completion of arbitration.

*Maryland Residents Only: Unresolved claims alleging that nonpayment has occurred or unresolved exceptions to an account activity report will be resolved under the Telephone Account Betting Rules issued by the Maryland Racing Commission and provided along with your new subscriber information.

*New York Residents Only: Unresolved claims alleging that nonpayment has occurred or unresolved exceptions to an account activity report will be resolved under the Rules issued by the New York Gaming Commission. The arbitration will be conducted in Albany, New York and judgment on the arbitration award may be entered into any court having jurisdiction over the losing party. Any party to the arbitration may seek any interim or preliminary relief from a court of competent jurisdiction in Albany, New York necessary to protect the rights or property of such party pending the completion of arbitration.

WARRANTIES
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

INFORMATION REQUESTS
All requests for information, questions, account reconciliation, wagering discrepancies, etc., must be made to our Customer Relations Department by calling toll free 1-888 PLAY TVG (752-9884). For your protection, all conversations with our Customer Relationship Representatives are recorded and archived.

OTHER
Account wagering rules, policies, terms, conditions, and procedures are subject to change at any time. Changes will be posted on our Web site TVG.com - or can be obtained by calling 1-888-PLAY-TVG (752-9884). It is your responsibility to be aware of all wagering rules, policies, terms, conditions, and procedures, including any subsequent changes.

This service has been approved by multiple regulatory authorities. All accounts are maintained and wagering information is processed at a licensed facility located in Oregon. It is not intended to be an offer or solicitation in those states where prohibited.

We reserve the right to revise this policy, or any part thereof. Use of our service following notice of such revisions constitutes your acceptance of the revised policy.